Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMKQ v Minister for Immigration and Citizenship [2008] FCA 1978
SZMKQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1511 of 2008
RARES J
27 NOVEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1511 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMKQ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE OF ORDER: 27 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1511 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMKQ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE: 27 NOVEMBER 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 When the matter was called this morning, there was no appearance by the applicant. The court file revealed that, on 14 October 2008, a notice of listing was sent to the applicant. At that time, Spender J was assigned to hear the matter. Subsequently, on 31 October 2008, a further notice of listing was sent to the applicant when the matter had been reassigned to me. Each of those notices of listing is addressed to the applicant at his address for service in the application. There may be a typographical error in that address, because Goulburn Street Liverpool is spelt without an "o". The second notice of listing was also sent to the applicant's post office box, as set out in his draft notice of appeal attached to his affidavit filed on 23 September 2008. 2 The solicitors for the Minister sent a letter, on 5 November 2008, to the address at Goulburn Street, spelt without an "o", and subsequently on 24 November 2008 to both Goulburn Street, correctly spelt, and to the post office box address in the draft notice of appeal. 3 After I called the matter for hearing, with the assistance of the court interpreter, a telephone call was made to the mobile telephone number given by the applicant in his Federal Magistrates Court papers. That telephone number had been switched to voicemail so that he was not able to be contacted. 4 I am satisfied that the applicant has had full notice of today's hearing and that I should proceed to deal with the matter substantively. 5 The application seeks leave to appeal from a decision of the Federal Magistrates Court, dismissing an application for constitutional writ relief on the ground that there was no arguable case for making the relief claimed: SZMKQ v Minister for Immigration [2008] FMCA 1287. The trial judge carefully reviewed the material before him.
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